Madras High Court Directs Survey and Removal of Encroachments on Water Resources Land — Writ Petition Disposed with Directions to Complete Exercise Within Twelve Weeks. Court orders survey and enforcement action after opportunity of hearing, within twelve weeks.

High Court: Madras High Court
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Case Note & Summary

The petitioner, M.Shanmugasundaram, filed a writ petition before the Madras High Court seeking a direction to respondents 4 and 5 (Assistant Engineer, Water Resources Department and Assistant Executive Engineer, Highways Department) to remove encroachments from certain survey numbers in Erode District. The petitioner had made a representation dated 02.12.2025 regarding the encroachments. The court noted that the Additional Government Pleader submitted that the Water Resources Department had sought assistance from Revenue Authorities for survey but the Tahsildar had not responded for four months. The court directed the respondents to conduct a survey, then initiate enforcement action if encroachments are identified, after affording opportunity to the encroachers. The entire exercise was to be completed within twelve weeks from receipt of the order. The writ petition was disposed of with no costs.

Headnote

A) Encroachment - Removal - Survey - Opportunity of Hearing - The court directed the respondents to conduct a survey to identify encroachments on water resources land and thereafter initiate enforcement action after affording opportunity to encroachers, to be completed within twelve weeks. (Paras 2-3)

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Issue of Consideration

Whether the respondents should be directed to remove encroachments on government land based on the petitioner's representation.

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Final Decision

The writ petition is disposed of directing the respondents to conduct survey, initiate enforcement action if encroachments are identified after affording opportunity to encroachers, to be completed within twelve weeks from receipt of the order. No costs.

Law Points

  • Encroachment removal
  • Survey
  • Opportunity of hearing
  • Time-bound compliance
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Case Details

2026 LawText (MAD) (04) 168

W.P.No.3013 of 2026

2026-04-29

S.M.Subramaniam, K.Surender

2026:MHC:1738

Mr.J.Titus Enock (Petitioner), Mr.T. Arun Kumar, AGP (Respondents)

M.Shanmugasundaram

The District Collector, Tahsildhar, Assistant Executive Engineer (Highways), Assistant Engineer (Water Resources)

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Nature of Litigation

Writ petition seeking removal of encroachments on government land.

Remedy Sought

Direction to respondents 4 and 5 to remove encroachments in specified survey numbers by considering representation dated 02.12.2025.

Filing Reason

Alleged encroachments on water resources land and inaction on representation.

Issues

Whether the respondents should be directed to remove encroachments on government land based on the petitioner's representation.

Submissions/Arguments

Petitioner sought removal of encroachments. Respondents submitted that survey was pending due to non-response from Tahsildar.

Ratio Decidendi

The court directed survey and enforcement action with opportunity of hearing, emphasizing time-bound compliance.

Judgment Excerpts

The relief sought for in the present writ petition is to direct the respondents 4 and 5 to remove the encroachments made in S.No.21/1... In view of the said factum, the respondents are directed to conduct survey and thereafter, initiate necessary enforcement action, if any encroachments are identified.

Procedural History

Petitioner filed writ petition on 29-04-2026 seeking removal of encroachments. Court heard submissions and disposed of the petition with directions.

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